CALIFORNIA – On Thursday, December 21, 2023, the California Department of Civil Rights filed charges against Ralphs, the leading supermarket chain in Southern California, for violating the state’s Fair Equal Opportunities Act. The company is alleged to have denied employment to over 1,000 applicants by inquiring about their criminal backgrounds, thereby contravening the legislation implemented in 2018.
Department Director Kevin Kish stated that these practices are not only discriminatory and against the law but also make little sense at a time when approximately 70 million Americans have some form of a criminal record.
The lawsuit against Ralphs, filed in the Superior Court of Los Angeles County, marks a significant milestone in the enforcement of the Fair Chance Act.
The Fair Chance Act, also known as “Ban the Box,” prohibits employers with five or more employees from asking about criminal records before conditionally offering a job. After the conditional offer, the employer can conduct background checks, rescinding the offer only in specific cases.
Ralphs, a subsidiary of Kroger Co., with around 25,000 employees across 185 stores, has been accused of systematically ignoring the Fair Chance Act. The company, to date, has not commented on the lawsuit.
The Equal Opportunities Act has faced opposition from some companies but has been supported by labor and civil rights groups. The Department of Civil Rights has resolved around 70 cases of workplace discrimination in California, underscoring the importance of complying with this legislation to promote equal opportunities.
The lawsuit reveals that Ralphs uses a Kroger job application form, which, while informing California applicants that they do not need to disclose their backgrounds, creates ambiguity by suggesting they do not report sealed or expunged convictions.
Furthermore, the lawsuit alleges that Ralphs has failed to provide clear information about the types of convictions that would disqualify applicants and has improperly rescinded offers to those with convictions seemingly unrelated to the duties of a grocery store job.
The lawsuit against Ralphs emphasizes the importance of adhering to the Fair Chance Act to ensure a fair and equitable hiring process. This case, being the first of its kind since the law’s implementation in 2018, could set a significant precedent in the fight for equal employment opportunities in California.
